CHAMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard parties at length.

(2.) We have been taken through the evidence and other materials on record. We are in agreement with the findings that the prosecution has proved its case beyond a reasonable doubt as against the Appellant. The High Court has rightly held that the offence which is made out is under304 Part II I.P.C. We therefore find no infirmity in the Judgment of the High Court.

(3.) We have also considered the submission that the Appellant should be given the benefit of 5 of the United Provinces Borstal Act, 1938. Considering the fact that the High Court has already taken a very lenient view and sentenced the sentence and/or giving benefit of the saidarises. We therefore seen no reason interfere.